UK Family Law
UK Family Law Questions Answered by Verified Experts
Thanks for your question. The actual reasons (including adultery) do not influence the Court when they are involved in determining what is a fair financial settlement between divorcing spouses. You will not receive less in your settlement because of your adultery.
The courts considering other reasons. There is a presumption that each party retains a 50% share in the assets of the marriage, this can be rebutted so that one party receives greater than 50% if (most commonly and to a greater extent) there are minor children of the marriage who are to reside with one resident parent or (to a much lesser extent) if there is a large disparity between earning capacities of the parties or where one requires more in order to cope with the financial burden of living with a health condition.
The Court does not make a moral judgement like the one I believe you are concerned about.
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Unless the terms of the pre-nup contain a clause which states that the position should be altered if you commit adultery it will remain the same.
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